Feds get serious about the effects of whale watching

The idea of regulating whale watching around killer whales,
particularly in the San Juan Islands, has gotten a lot of attention
the past few years.

First, San Juan County approved an ordinance in 2007 that
required boaters to stay back 100 yards from the whales. That was
followed by a state law in 2008. Now, the federal government
proposes to turn their longstanding 100-yard “guidelines” into a
200-foot enforceable rule. See my story in
today’s Kitsap Sun.

I first wrote about the concerns of whale watching nine years
ago — before the whales were listed under the Endangered Species
Act. (See my
story from July 2, 2000.) I think it is safe to say — and Kari
Koski of Soundwatch confirms this — boaters have generally gotten
more responsible, particularly commercial whale-watch operators
based in the U.S.

This is a complex issue, in part because the killer whales
themselves are complex creatures with a high level of intelligence.
Trying to rebuild a population of killer whales is nothing like
rebuilding a population of salmon. I could say a lot more about
that, but instead I’ll make a few observations about the federal
action.

First, it is important to note that the federal government is
recognizing whale watching as a legitimate recreational and
educational activity. Otherwise, the National Marine Fisheries
Service would have come up with more stringent rules to discourage
whale watching altogether.

Lynne Barre of the agency told me that the 200-yard rule is a
compromise, since studies have shown that the whales may change
their behaviors when boats are present at even greater distances
than that.

Given that boats can cause whales to act differently, as
indicated in recent studies, the question becomes: What kind of
behavioral changes are harmful to the whales?

This will take more consideration from those of us not familiar
with the latest research. But Shane Aggergaard of the Pacific Whale
Watch Association, who has been trying to keep up with the
research, made some good points when I talked with him.

One study, for example, showed that orcas tend to increase the
intensity of their calls — to essentially speak louder — in the
presence of noise. That’s only natural, Shane says. It’s what we
all do.

The real question becomes what kind of noise, what kind of boat
activity really disturbs the whales psychologically or disrupts
their social or feeding behaviors to a detrimental degree?

This one is harder to get a grip on, because killer whales are
not predictable. Sometimes they even initiate contact with
people.

The general approach to this issue for years, now written into
state law, is to reduce the level of interaction. When whale
watching, the idea is to observe the whales doing their natural
activities from a distance without affecting what they are
doing.

The proposed federal regulations, based on scientific
observations, take the position that the current 100-yard standard
is not enough to keep the whales focused on activities essential to
the survival of the population.

But it is not enough to pass new regulations. If the new
200-yard standard goes into effect, then we need an intensive
educational campaign, far beyond what we have seen before. That’s
because the 100-yard limit has been pounded into people’s
heads.

Soundwatch received a federal grant to help boaters become aware
of the new state law and the longstanding Be Whale Wise guidelines. The
organization sent brochures and posters to 400 marinas and parks.
But even that effort has not been enough to get the word to
everyone who needs to know, Kari says. One idea is creating some
kind of marine protected area and noting the rules on nautical
charts, she said.

Education can only go so far. Kari, who must be respected for
her years spent watching whale watchers, believes a stronger
enforcement program at the outset, with more tickets issued, would
have sent a stronger message about protecting the whales.

Sgt. Russ Mullins of Washington Department of Fish and Wildlife
runs marine patrols in the San Juan Islands under at contract with
the National Marine Fisheries Service. Mullins says his effort has
been largely to issue warnings as he helps educate people about how
to act around the whales.

It seems important to explore the right balance between
educating people and laying down the law.

A couple points of personal disclosure: I will admit that I’m a
little uncomfortable with the whole idea of whale watching, because
it results in so many boats following the whales all day long.
These animals never asked to be celebrities, followed around by
eager fans.

On the other hand, I can see the educational value of watching
whales in the wild. I have personally experienced the thrill of
being around killer whales, thanks to researchers who have invited
me along for their field work. Not everyone gets to do that, though
I encourage young people to pursue exciting careers in science. I
would also like to point out that watching whales from shore can be
exciting while creating no risk of interfering with their
activities.

If you’d like to catch up on this subject, NOAA has launched a
new Web page,
“Regulations on Vessel Effects,” which includes scientific
references, the Federal Register notice, a draft environmental
assessment, questions and answers about the proposed regulations, a
map of the proposed no-go zone, a regulatory review document and a
large number of comments from the 2007 “advance notice of
rulemaking.”